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Key ruling on Whitehall minutes

Martin Rosenbaum | 17:31 UK time, Thursday, 22 February 2007

The minutes of some top-level Whitehall meetings are more likely to become available to the public under FOI following an important decision which has just been issued by the Information Tribunal.

The case involves the Department for Education and Skills and minutes of senior management meetings relating to the setting of school budgets in England in 2002/3.

These were requested by the London Evening Standard. The DfES refused to disclose them on the grounds that it would inhibit free and frank debate on policy options in the future and that it would reveal information about discussion in cabinet committees which might undermine the notion of collective ministerial responsibility.

These arguments were rejected by the Information Commissioner, who that the minutes should be given to the Evening Standard. The DfES then appealed against this ruling, taking their case to the Information Tribunal and arguing that the Commissioner has placed too little weight on candour in policy discussion.

The Tribunal has now dismissed the DfES case and decided in favour of the Standard. The Tribunal's decision is not yet posted on their , but shoud be soon. This is a very significant ruling, which could have a substantial impact on similar cases.

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